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Ahead of the latest [43rd Universal Periodic Review](https://www.ohchr.org/en/hr-bodies/upr/upr-sessions), Uproar and partners [CyberSmart Botswana](https://www.facebook.com/CybersmartBW/) and [Internet Society of Mali](https://isoc.ml/) travelled to Geneva for Pre-Sessions 43 to lobby for digital rights in [Botswana](https://uproar.fyi/where-we-work/country/botswana), [Burundi](https://uproar.fyi/where-we-work/country/burundi) and [Mali](https://uproar.fyi/where-we-work/country/mali). 

This was held at the United Nations’ Geneva office Palais des Nations between 3-6th April 2023, with Botswana being held on the 3rd and Burundi and Mali being held on the 4th. As the Pre-Sessions were conducted online from 2020-2022, it has been great for the Uproar network to be able to attend in person again.

These Pre-Sessions were introduced during the second cycle of the UPR in 2012, allowing for National Human Rights Institutions (NHRIs) and Civil Society Organisations (CSOs) to engage with representatives of the recommending States under Review (SuR) prior to UPR. It also offers an opportunity for permanent missions to learn directly about the human rights situation in the countries under review. 

This empowers the Uproar network to engage directly at the UN, by lobbying policymakers in person in order to uphold digital rights and related legislation.

**Hannah Machlin**, Advocacy Manager of Uproar, travelled to Geneva along with our partners [David Moepeng](https://twitter.com/DavidMoepeng) of Cybersmart Botswana and [Malick Maiga](https://twitter.com/MalickMAIGA4) of Internet Society of Mali.

The **Internet Society** (ISOC) is an American nonprofit advocacy organisation founded in 1992 with nearly 130 chapters and Special Interest Groups (SIG) and 88 organisation members spanning across 180 countries. The ISOC-Mali chapter was established in 1998 in order to promote and educate on Internet usage in Mali through means such as participating in conferences and training members, NGOs and the general public. They also support the State in the development of strategies such as the National ICT Policy and the Mali Digital Strategy.

**Malick Maiga** is a telecommunications engineer from Institut National des Télécommunications et des Technologies de l'Information et de la Communication (INTTIC) located in Oran, Algeria and serves as the officer of the Mali chapter. 

**Cybersmart Botswana** is a CSO that aims to educate the public on cybersecurity by running awareness campaigns in order to promote safe practices and procedures online. Most recently, the initiative launched The African Cybersmart Network, a union of non-profit organisations working collectively to promote cybersecurity awareness throughout Africa. The aim of this network is to unite all similar organisations across Africa in order to share resources and work together, engaging in regional exchanges.

**David Moepeng**, Cybersecurity Awareness Specialist and lead coordinator of the African Cybersmart Network, also spoke on the panel discussion on Botswana, highlighting the importance of how digital rights are human rights. 

Speaking on the experience of working with Uproar and attending the Pre-Sessions, this is what Moepeng had to say:

> “In an era where, as society increasingly becomes digitalized, effective digital governance becomes a necessity, the UPR Process is a perfect platform for engagement on ways to advance human-centric digital policies. Coming from a country like Botswana, where despite the government aggressively driving digital transformation, the voice of civil society and other watchdog structures, has been silent, it was therefore ground breaking for Cybersmart Botswana and Small Media to bring to the fore, the effect of Botswana’s digital and media policies on human rights.
>
> Participating in the UPR process and working with the Small Media Team also exposed me, as a digital rights activist, doing advocacy at the highest level at the UN, to best practice, not only in terms of the use of UN systems to advance human rights, but in the review of polices and presentation of arguments for change.”

Ahead of the 43rd Universal Periodic Review, these were the recommendations given for the aforementioned countries. 

**Mali** was reviewed on May 2 at 14:30 - 18:00 CET / 13:30 - 17:00 GMT. We put forward the following recommendations on digital rights:

- End the practice of internet shutdowns and blocking of social media platforms and ensure that restrictions to the internet are consistent with fundamental human rights norms.
- Revise and amend Law 056-2019, on suppression of cyber-crimes and Press Law 046-00 by repealing obsolete provisions like criminal defamation.
- Enact a comprehensive access to information law, in line with Mali’s international legal obligation

**Botswana** was reviewed on May 3 at 9:00 - 12:30 CET / 8:00 - 11:30 GMT. We suggest the following digital rights recommendations:

- Revise legislation and repeal provisions in the Penal Code, Cyber Crimes Act and Related Crimes Act that arbitrarily interfere with the exercise of free expression, both online and offline.
- Enact a comprehensive Freedom of Information law in line with Botswana’s constitutional and international legal obligations.
- End intimidation and harassment of journalists and others exercising their right to free expression both online and offline and hold to account those that violate journalists’ rights.
- Fully respect, protect and promote the right to privacy of persons through effective implementation of laws.

**Burundi** was reviewed on May 4 at 9:00 - 12:30 CET / 8:00 - 11:30 GMT. We suggest the following digital rights recommendations:

- Remove sanctions against media outlets and open all the remaining media houses closed since 2015 including IWACU press house. 
- End intimidation and harassment of journalists and others exercising their right to free expression, amend all press laws that unnecessarily hinder media freedom and hold to account those that violate journalists’ rights.
- Enact a comprehensive data protection law in accordance with international normative standards, to protect the right to privacy online, and provide adequate funding to support its implementation. 
- Ensure that the internet, including social media and other digital communication platforms, remain open, accessible, and secure across Burundi, and that the government refrains from any future internet disruptions, especially during elections.

To see the results of UPR43 and what recommendations Mali, Botswana and Burundi received, read our blog post [here](
https://uproar.fyi/blog/article/the-43rd-session-of-the-universal-periodic-review-digital-rights-in-mali-botswana-burundi).


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Uproar and partners CyberSmart Botswana and Internet Society of Mali attend the Pre-Sessions in Geneva

UPR43 Pre-Session in Geneva: Lobbying for Digital Rights in Botswana, Burundi and Mali

Mali, Botswana and Burundi were reviewed at the [43rd Universal Periodic Review](https://www.ohchr.org/en/hr-bodies/upr/upr-sessions) which took place during May 2nd-4th 2023. Uproar worked with partners [CyberSmart Botswana](https://www.facebook.com/CybersmartBW/) and [Internet Society of Mali](https://isoc.ml/) to lobby for digital rights during the reviews. Keep reading to find out the results of UPR43 and what digital rights successes have been made for these countries.

> “The amount of recommendations on freedom of expression online and off made during the 43rd session is incredibly significant. As detailed below, the recommendations made are set to make a positive impact on legislation in Mali, Botswana and Burundi, setting up all three countries for a more optimistic future for human rights. Clearly, our partners' hard work and enthusiasm in Geneva has paid off.” 
**Hannah Machlin, Advocacy Manager of Uproar**


# Mali

Although freedom of expression is guaranteed under Article 4 of the current 1992 Constitution, various laws and regulations restrict it, the most significant being Law 056-2019, commonly known as the Repression of Cyber-criminality Law. 

Uproar and our partners put forward the following recommendations on digital rights for Mali, prior to their review on May 2, 2023:

- End the practice of internet shutdowns and blocking of social media platforms and ensure that restrictions to the internet are consistent with fundamental human rights norms.
- Revise and amend Law 056-2019, on suppression of cyber-crimes and Press Law 046-00 by repealing obsolete provisions like criminal defamation.
- Enact a comprehensive access to information law, in line with Mali’s international legal obligation.

[Mali](https://media.un.org/en/asset/k1j/k1ja0pkd1t) received **7** recommendations on the issue of freedom of expression with **1** country highlighting digital rights and a further **3** countries mentioning freedom of expression in their opening remarks:

**Denmark’s** opening remark states they are deeply concerned about the shrinking of civil spaces through censorship, self censorship and reprisals. They recommend Mali to guarantee a civic space without reprisals and freedoms of opinion, expression, peaceful assembly and association as enshrined in the ICCPR.

**Luxembourg** recommends Mali to protect civic space through guaranteeing the full enjoyment of freedom of opinion and expression, peaceful assembly and association for all, in particular civil society, human rights defenders, journalists and political parties and groups, especially from the opposition.

**Mexico** recommends Mali ensure the professional rights of journalists, activists and human rights defenders.

In **Norway’s** opening statement, they acknowledge that freedom of expression is under severe pressure and therefore recommend Mali to uphold the right to freedom of association, peaceful assembly and expression and ensure the safety of journalists, human rights defenders and activists.

**Spain** highlighted digital rights, recommending Mali to guarantee freedom of expression in order to prevent harassment and intimidation against dissident voices and they also must revise the press law including decriminalisation of defamation and the cybercrime law.

**Sweden** acknowledges in their opening statement that freedom of expression has been curtailed and recommends Mali to ensure freedom of expression as well as allow journalists to work in an unhindered manner.

**Finland** recommends Mali guarantee freedom of expression and opinion, peaceful assembly and association and end all forms of arbitrary arrests, detentions and disproportionate use of force, intimidation and harassment.

**Ireland** state in their opening remark they are deeply concerned by the deteriorating security and human rights situation in Mali including constraints of freedom of expression.

In their opening statement, **Montenegro** remains concerned with reported cases of violations of civil and political rights, pressure on freedom of expression and attacks on human rights defenders.

**Poland** highlights freedom of expression in their opening statement, expressing Mali ensure that fundamental freedoms, especially freedom of expression are respected and investigate the cases of killings of journalists.


# Botswana

Prior to their review on May 2, 2023, Uproar recommended that Botswana should uphold its international and regional commitments to human rights and refrain from digital rights restrictions and media violations. 

Uproar and our partners put forward the following recommendations on digital rights:

- Revise legislation and repeal provisions in the Penal Code, Cyber Crimes Act and Related Crimes Act that arbitrarily interfere with the exercise of free expression, both online and offline.
- Enact a comprehensive Freedom of Information law inline with Botswana’s constitutional and international legal obligations. 
- End intimidation and harassment of journalists and others exercising their right to free expression both online and offline and hold to account those that violate journalists’ rights.
- Fully respect, protect and promote the right to privacy of persons through effective implementation of laws.

[Botswana](https://media.un.org/en/asset/k1u/k1uyawzk9o) received **10** recommendations on the issue of freedom of expression:

**Czechia** recommends Botswana ensure freedom and plurality of media.

**Germany** recommends Botswana guarantee the protection of politicians, journalists and dissidents and investigate intimidation and threats against them, and eliminate from legislations all provisions that undermine freedom of press and the media.

**Ghana** recommends Botswana revise national legislation that might unduly restrict the right to freedom of expression.

**Italy** recommends Botswana strengthen efforts to ensure freedom of expression as well as independence and freedom of media; and guarantee a safe and enabling environment for journalists and human rights defenders.

**Kenya** recommends Botswana continue with efforts to promote rights to freedom of opinion, expression, peaceful assembly and association for all.

The **Netherlands** recommends Botswana contribute to the safety of civil society, including human rights defenders and journalists, by refraining from using criminal charges to obstruct freedom of expression and information.

**New Zealand** recommends Botswana to eliminate from legislation or provisions that undermine freedom of the press and independence of the media.

**Spain** recommends Botswana fully ensure freedom of opinion, expression, peaceful assembly and association.

**Switzerland** recommends Botswana guarantee freedom of the media and freedom of expression and information, and take measures to protect media professionals against attacks, harassment and intimidation, especially as the upcoming elections approach.

The **United Kingdom** recommends Botswana take effective measures to address threats to democracy by strengthening media freedom, freedom of expression and transparency and accountability.

# Burundi

Uproar states that Burundi should adopt a robust personal data protection law and protect freedom of expression in accordance with international human rights standards. 

We lobbied for the following recommendations on digital rights for Burundi prior to their review on May 4, 2023:

- Remove sanctions against media outlets and open all the remaining media houses closed since 2015 including IWACU press house. 
- End intimidation and harassment of journalists and others exercising their right to free expression, amend all press laws that unnecessarily hinder media freedom and hold to account those that violate journalists’ rights.
- Enact a comprehensive data protection law in accordance with international normative standards, to protect the right to privacy online, and provide adequate funding to support its implementation. 
- Ensure that the internet, including social media and other digital communication platforms, remain open, accessible, and secure across Burundi, and that the government refrains from any future internet disruptions, especially during elections.

[Burundi](https://media.un.org/en/asset/k18/k18lievama) received **17** recommendations on the issue of freedom of expression with a further **4** countries mentioning it in their opening statements:

**Argentina** recommends Burundi adopt measures to ensure freedom of expression and opinion peaceful assembly and association as well as the normal functioning of civil society and human rights defenders.

**Belgium** recommends Burundi expedite the amendment of the law on freedom of press and adopt amendments to bring an end to intimidation and prosecution of journalists and civil society who are carrying out their rightful functions.

**Canada** gave two recommendations to Burundi - firstly, to take all necessary measures to guarantee freedom of peaceful assembly, freedom of association and expression, free of any intimidation, reprisals or discrimination. Secondly, to repeal all restrictive provisions applied since 2015 to ensure civil societies actors including media and journalists can perform their work freely and independently, free from fear of intimidation or reprisals.

**Chile** recommends Burundi accelerate review of the press law in line with standards on freedom of expression and approve a law on protection of human rights defenders.

**Finland** recommends Burundi to allow civil society activists, journalists and human rights organisations to carry out their work without any obstruction or reprisals including by lifting the legal and financial measures targeting them.

**Ireland** recommends Burundi ensure a safe and enabling environment for civil society, human rights defenders, journalists and other media workers to carry out their work without fear of persecution, intimidation and undue interference.

**Italy** also recommends Burundi ensure freedom of expression and association and create a safe enabling environment for civil society.

In their opening statement, **Lithuania** expresses concern that human rights defenders, journalists and media workers have become targets of violence, harassment and intimidation. As a result, they recommend Burundi take measures to ensure that human rights defenders, journalists and media workers can exercise their rights to freedom of opinion and expression, peaceful assembly and association without fear of reprisals, prosecution or intimidation.

**Luxembourg** recommend Burundi expedite the amendment of the law on the press in line with norms on freedom of expression and adopt a law on the protection of human rights defenders.

**Montenegro** recommends Burundi provide a safe and enabling environment for civil society, human rights defenders, journalists and other media workers to conduct their work independently.

**Norway** recommends Burundi end reprisals against human rights defenders, journalists, members of the opposition and civil society.

The Republic of **Korea** also recommend Burundi ensure a safe and enabling environment where civil society, human rights defenders and media workers can exercise their rights to Freedom of expression and peaceful assembly without fear of reprisal.

**Slovakia’s** opening statement acknowledges efforts to improve the human rights situation across the countries including adoption of laws regulating the press, and end violations to freedom of expression and media freedom such as intimidation and physical attacks against journalists. They recommend Burundi put an end to measures that intimidate journalists and human rights defenders.

**Spain** recommends Burundi guarantee fully freedom of expression of the press and peaceful association and assembly, allowing free activities by all media without exception, lifting prohibitions on various human rights organisations and facilitating their return to the country.

**Switzerland** recommends Burundi continue with and finalise the adoption of a law to protect human rights defenders that is inline with international law, notably when it comes to protecting freedom of expression.

The **United Kingdom** recommends Burundi identify and implement policies which facilitates an active civil society and open media, and address in particular threats to journalists and human rights defenders.

**Uruguay** recommends Burundi step up efforts to amend laws regulating the press ensuring freedom of expression to meet commitments made at regional and international level.

In their opening statement, **Côte d’Ivoire** congratulates the government of Burundi on their efforts for promoting and protecting human rights including the law on the press and the adoption of the social protection code.

**Georgia**, in their opening statement, is alarmed by reports of violations of freedom of expression and media freedom and reprisals against human rights defenders and members of human rights organisations.

**Philippines**’ opening statement recognises steps taken by Burundi to strengthen its institutional framework on human rights, most notably, the adoption of a new constitution in 2018 that guarantees freedom of expression and right to privacy.

In **Sudan’s** opening statement, they commend the progress made by Burundi in legal reform that covered enacting laws on the rise of the protection of persons with disabilities and the regulation of the press and social protection, and the prevention and prohibition of cybercrimes as well as the creation of the truth and reconciliation commission among others.

The efforts of our partners lobbying, both in Geneva and locally, resulted in Mali, Botswana and Burundi receiving 7, 10 and 17 recommendations on freedom of expression respectively. Although these countries impede digital rights through restrictive practices like internet shutdowns, it is great to see so many countries highlighting freedom of expression in their recommendations at UPR43. 

We implore that the countries of Mali, Botswana and Burundi focus on their digital rights situations and effectively implement these recommendations so that citizens, journalists, human rights defenders and activists alike may safely experience freedom of expression both offline and online.

To keep up to date with our partners' latest work, follow them on social media:

[CyberSmart Botswana](https://twitter.com/CybersmartBW)

[Internet Society of Mali](https://twitter.com/isocml)

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A summary of recommendations made to Mali, Botswana and Burundi during the 43rd session of the Universal Periodic Review

The 43rd session of the Universal Periodic Review: Digital Rights in Mali, Botswana, Burundi

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Fixed Broadband Subscriptions per 100 inhabitants in 2017

Botswana needs to bring its laws and practices in line with international human rights standards to protect digital rights. 

Botswana is located in Southern Africa with a population estimate of 2.4 million. Its1996 Constitution (as amended) provides for various rights including the rights to freedom of expression, association, assembly, privacy and others. The Government of Botswana continues to harass journalists by using criminal defamation charges to limit online expression.

Although freedom of speech is guaranteed under the constitution, journalists and media are harassed for their reporting. Moreover, a government ban on private-media advertising causes the dominance of state-run outlets which are biased in reporting. According to the 2008 Media Practitioners Act all media workers and outlets—including websites and blogs— must be registered with violations punishable by a fine or imprisonment. 

Botswana

We conduct advocacy during the pre-session through direct lobbying to UN member state representatives and support local advocacy events and workshops that amplify the UPR. During the reviews, we amplify the UPR process and the recommendations our partners have drafted through live- monitoring by our local partners and on social media. We then conduct advocacy during the post- UPR period with activities such as training for government officials and events that highlight the recommendations made during the UPR. 

The country clusters are a local working group in each Uproar target country made up of our partner organisations. The clusters are organised by local lead organisations, who then coordinate local civil society and human rights defenders with digital rights expertise to engage in national-level advocacy and campaigning.

A review cycle is a four-and-half-year period within which all UN Member states’ human rights records are reviewed.  Each 4.5-year period is called a UPR cycle. In this section, you can find all recommendations made organised by cycle.

Over a hundred local and international human rights organisations are part of the wider Uproar programme. You can find them listed here.

Botswana factsheet (1).pdf

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OHCHR joint submission_Botswana_UPR43.docx.pdf

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Free expression

Journalists and media workers

Digital rights

Advox is a project of Global Voices. They are a global network of activists and journalists dedicated to protecting freedom of expression and free access to information online. They report on threats to online speech, share tactics for defending the work and words of netizens, and support efforts to improve Internet policy and practice worldwide.
 
Global Voices is an international, multilingual, primarily volunteer community of writers, translators, academics, and human rights activists. The non-profit reports, translates, defends and empowers freedom of expression.

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Global Voices

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A global network of activists and journalists dedicated to protecting freedom of expression and free access to information online.

In partnership with Advox Global Voices - a global network of activists and journalists dedicated to protecting freedom of expression and free access to information online.

Uproar Tools are interactive data-driven tools that aim to show you how you can use the Universal Periodic Review to improve the situation of human rights in your country. 

Uproar Tools aims to show you how you can use the Universal Periodic Review to improve the situation of human rights in your country. 

The Tools were made in partnership between Uproar and Data4Change, a non-profit organisation working at the intersection of data, design, journalism and technology, collaborating with organisations on social and policy change interventions to forge real change and lasting impact.

Uproar Tools

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Use our free interactive tools to build recommendations and tailor advocacy efforts at the Universal Periodic Review.

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Advocacy Assembly is a free multilingual e-learning platform set up in 2015 aimed at educating campaigners, activists, human rights defenders and journalists in digital rights and digital skills. 
In partnership with leading digital rights organisations and experts, Advocacy Assembly offers self-paced online courses in Arabic, English, Farsi and Spanish using a variety of videos, quizzes and slides. The courses cover topics like design, data science, investigative journalism, open source investigations, effective campaigning for social change and much more.

Advocacy Assembly

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A free multilingual platform to access courses with leading organisations such as Amnesty International, Witness and Greenpeace. 

Advocacy Assembly is a free multilingual e-learning platform to educate on digital rights and digital skills.

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